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Well, I was not commenting on the legality of it, just mystified that the OP somehow thought that she had a place to live for free indefinitely. Regardless of the right and wrong way to get her out, surely the OP didn't think she would be welcome to stay there for forever. She had a pretty generous amount of time after the man died to start to get her affairs in order, that didn't happen and now she is in this big mess.
I am not aware that OP has expressed any view that the tenancy was open ended. More that the goings on had badly handicapped her ability to get out.
A rational heir would have settled up with her and negotiated an exit schedule. Perhaps ther period it wuld take for them to be ready for whatever was next for the house.
This has been ongoing since before May 1st, per the OP. How many months before that, I don't know, but May 1st was when the "trouble started."
And she is claiming that she has a letter from the deceased that was never filed with the estate or the attorney or the trustee or seen by any of the deceased's children that says she can delay the title transfer until she feels like moving out.
Riiiiiiiiiight. I guess she plans to live there forever?
This has been ongoing since before May 1st, per the OP. How many months before that, I don't know, but May 1st was when the "trouble started."
And she is claiming that she has a letter from the deceased that was never filed with the estate or the attorney or the trustee or seen by any of the deceased's children that says she can delay the title transfer until she feels like moving out.
Riiiiiiiiiight. I guess she plans to live there forever?
OP has a document from decedent that the transfer of property not occur until she is out. But it does not appear to set any term. So one would presume a negotiated move out date. The thing would likely have no legal standing as the transfer of the trust occurs upon the death of the original trustee. So it was a be nice to my caregiver piece.
Let this thread be a lesson for everyone reading this.
Be very careful who you have MOVE IN a home to take care of a loved one.
I advise either a real agency, with bonded care givers, or a nursing home.
Everyone remember this thread in the future if you are ever in this position for a loved
one.
It is worth the money to go with legitimate agency or even a nursing home.
Sell the house if you must, so you don't get the aggravation of having a stanger
squat in the house after your loved one dies.
It's enough to settle an estate, but no one needs this aggravation.
OP....I may have found the Civil Code that applies to your situation. on California Legislative Information website, a great legal info page by the way. Law section
"789.3.
Civil Code - CIV
DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. )
TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. )
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord."
See the link for whole code.
NOTE: I underlined the wording that may apply to your circumstances....The Deceased made you a tenant, in the letter you have from him. Also, perhaps the email from the Son you've quoted where he offered for you to remain til the Estate issues were resolved. Good luck
OP....I may have found the Civil Code that applies to your situation. on California Legislative Information website, a great legal info page by the way. Law section
"789.3.
Civil Code - CIV
DIVISION 2. PROPERTY [654 - 1422] ( Heading of Division 2 amended by Stats. 1988, Ch. 160, Sec. 13. )
PART 2. REAL OR IMMOVABLE PROPERTY [[755.] - 945.5] ( Part 2 enacted 1872. )
TITLE 2. ESTATES IN REAL PROPERTY [761 - 817.4] ( Title 2 enacted 1872. )
(a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord."
See the link for whole code.
NOTE: I underlined the wording that may apply to your circumstances....The Deceased made you a tenant, in the letter you have from him. Also, perhaps the email from the Son you've quoted where he offered for you to remain til the Estate issues were resolved. Good luck
In a previous post, the OP clarified that her "savings" was actually the availability to make charges on her credit card and she charged the ER vet care to the card and is now maxed out on her card. There never was liquid savings, merely the ability to use her charge card has been lost.
In a previous post, the OP clarified that her "savings" was actually the availability to make charges on her credit card and she charged the ER vet care to the card and is now maxed out on her card. There never was liquid savings, merely the ability to use her charge card has been lost.
Well, not quite. The OP first said she used her SAVINGS (post #10). She later wrote this (post #47):
Quote:
Originally Posted by MARIEIEIO
A lot of replies are showing concern for my dog and her puppies. First, yes the C-section DiD cost over 4000. She had 6 puppies inside and I knew that because I was monitoring her with a fetal dopler and I could distinguish the heartbeats, so aafter she delivered 3 puppies no problem, and then NOTHING. I had to run her to the 24 hour VET which is a lot more expensive than her regular vet but he was closed at 1:00 in the morning. The 24 hour vet said she would not survive without immediate intervention so I used my credit card to pay the bill and then had to pay off the card, and for the first few weeks I used credit money to live on but that card (my only card) is maxed out.
So she used her credit card because it was 1 a.m. (I doubt that the emergency vet would take a $4,000+ personal check from a one-time client), but then she paid off the card with her savings (presumably with her savings, since that's what she said earlier) -- and also used the card to live on.
Quote:
Originally Posted by MARIEIEIO
I don't think I could emotionally handle this if my dog and her babies weren't here with me. I love her and she has literally been by my side, in my bed, or in a bag over my shoulder wherever I went ever since I have had her. I love her. More than I love most people. BELIEVE ME they are taken care of to the best of my ability and my dog IS NOW SPAYED (I had them do it while they had her open for the removal of the other 3 puppies, which did not survive. Probably a blessing but still sad. My dog is a rescue and I think because she had a scar on her belly that looked like surgery had been performed when I got her, I believed she was spayed, she never bled or allowed any other dog near her and I have had her for 4 years. ...
OP, I am sure you love the dog and her puppies, but if the dog had gotten vet care, the vet would have known that she wasn't spayed, so that doesn't make much sense if you've had the dog for 4 years. And I'm sorry if this sounds mean, but you are being INCREDIBLY irresponsible and selfish to keep the dog and especially her puppies when you don't have your OWN life in order. Find someone to care for them until you are in a position where you can actually care for them adequately!!
I also have a couple of questions for you:
(1) What did the Department of Labor say when you called them about your unpaid wages?
(2) What did a Legal Aid (or other) lawyer say when you asked them about your status as a tenant, worker, or whatever?
Unfortunately, I suspect that you haven't done either of these things, despite that you keep saying you'll do everything you legally can. But what HAVE you done? The situation has now been going on more than 3 months -- that is just mind-boggling to most of us, even those of us who are sympathetic to your situation.WHEN are you going to DO something to get out of this horrible situation?
OP, how much are you owed in 'back wages', and for how long are you owed them?
Was the employer in arrears in paying you, or is it only your final pay period (the time between your last paycheck and your employer's death) that you are owed?
Did you have ANY kind of written agreement with your former employer regarding your terms of employment and your rate of compensation, and have you been paid as an employee (w-2), a contractor (1099), or under the table (illegal)?
I hope that you understand that if you have been paid under the table, these proceedings will probably bring your situation to the attention of the IRS who will not only charge you for unpaid taxes on your undeclared income, but add interest and fines to that amount.
OP, how much are you owed in 'back wages', and for how long are you owed them?
Was the employer in arrears in paying you, or is it only your final pay period (the time between your last paycheck and your employer's death) that you are owed?
Did you have ANY kind of written agreement with your former employer regarding your terms of employment and your rate of compensation, and have you been paid as an employee (w-2), a contractor (1099), or under the table (illegal)?
I hope that you understand that if you have been paid under the table, these proceedings will probably bring your situation to the attention of the IRS who will not only charge you for unpaid taxes on your undeclared income, but add interest and fines to that amount.
Very improbable that an IRS issue exists and if it did it would be more likely on the estate rather than the caregiver.
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